Culpability Inferred
by Cardinal Robbins
Summary: John Munch faces the fight of his life when he's accused of aggravated sexual assault by a woman he's never seen before. This is an actual SVU spec script I wrote for Richard Belzer, that I wanted to share with my wonderful readers. It wasn't used for the show because the exit for Munch had already been written, and I didn't know that when I began writing this.
1. Chapter 1

_I wrote this as a spec script for SVU, to give to Belz on his birthday. It was written to fulfill his wish of "seeing his love for his wife committed to celluloid." The part of Genevieve Devereaux was written for Harlee McBride, Belz's gorgeous, talented wife whom some of you remember played a medical examiner on "Homicide." This was also written to explain why John Munch wore a dark wedding band on his left ring finger, and it provided the set-up for a graceful exit if John ever decided to retire.  
_

_I had no idea at the time I wrote this, John's exit had already been written._

_After sitting on this spec for a few months, I finally decided it was time to share it with you. You've all been so gracious and supportive of my writing, I wanted you to see the professional side of what I do. And, for the record, Warren Leight, Julie Martin, Peter Blauner and Rob Cohen were ALL very, very supportive as I wrote this and asked a million questions._

_If you're wondering what Belz's reaction was…he __**LOVED**__ it._

00000000000000000000

LAW & ORDER: SPECIAL VICTIMS UNIT

"CULPABILITY INFERRED"

by Cardinal Robbins

THIS COPY IS NOT FOR SUBMISSION - WGAw REGISTERED & COPYRIGHTED

(c) 2013 Cardinal Robbins, All Rights Reserved

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TEASER

INT. SVU SQUAD ROOM - EARLY MORNING, BEGINNING OF WATCH

John Munch walks into the squad room, whistling softly as he picks up his NYPD mug and makes himself some tea, a dark titanium wedding band visible on the ring finger of his left hand.

As Munch turns toward his desk, Fin Tutuola (seated at his own desk) notices a slight smile on John's face and wonders what could possibly put the Sergeant in a genuinely pleasant frame of mind.

FIN

What the hell are you so happy about? The last time you smiled, dinosaurs roamed the earth.

MUNCH

Insult me all you want, you're not going to kill my mood. I don't think I'll tell you why, either, as punishment for casting aspersions on my age.

FIN

Don't even play that with me, bro. You're dyin' to tell me what's going on and you know it.

Munch moves closer to Fin's desk, to speak with him in relative confidence.

MUNCH

Since I know your curiosity will make my day a living hell if I don't tell you, let's suffice to say my night was probably better than your entire honeymoon.

FIN

Yeah? Well that would be easy, since I was workin' Narcs when I married Teri. I couldn't get away for more than a couple days in Atlantic City.

MUNCH

That explains a lot. After a less than auspicious beginning, I had an incredible night of French cuisine, fine Bordeaux and the kind of physical bliss you could only dream about.

FIN

Okay, I know this is gonna be TMI, but there'd better be details for me to believe that. And what makes you think I don't get more 'physical bliss' than I can handle?

MUNCH

Yeah, right. After some initial confusion, the evening began with a leisurely martini at McGinty's, then we went to dinner at Le Coq d'Or. Once we went back to my apartment, nature decidedly took its –

Munch is interrupted by Olivia Benson suddenly rushing past the two detectives, a sheet of paper in her hand, an extremely worried expression on her face.

MUNCH (CONT'D)

Good morning to you, too, Liv.

BENSON

(over her shoulder)

I'll explain everything later, John. I have to get this to Cragen.

FIN

What's up with her? She looks like hell.

MUNCH

I have no idea, but I'm sure we'll find out soon enough. Det. Nick Amaro, his shirt sleeves rolled up, his tie loosened, has overhead their remarks. He walks farther into the bullpen, standing near the two men.

AMARO

She and I have been up most of the night, working a sexual assault case. We got the call around one-thirty this morning, met with the vic at Mercy General. I've never seen a woman so thoroughly traumatized. She just finished up with the sketch artist about fifteen minutes ago. She's finally on her way home. She was beaten so badly, at first I thought maybe she'd been mugged.

Det. Amanda Rollins, at her desk, is equally baffled by Benson's haste and demeanor.

ROLLINS

That's awful. I've never seen Liv this shaken up, though. What makes this case different from any other?

Before anyone can speculate, Captain Don Cragen comes out of his office, a look on his face as close to trepidation as his squad has ever seen. He forces his shoulders back, takes a deep breath and his gaze moves from one member of his squad to another, before settling on John.

CRAGEN

Sergeant Munch, I need to see you in Interview Room Two. But first, I'm advising you to contact your union lawyer.

MUNCH

My lawyer? Cap, what the hell is going on? If this is an elaborate joke, I'm not laughing.

CRAGEN

It's not. For once, just do what I've asked, John. Now. IAB is already on the way; I had no choice, I had to notify them. Go into my office, make your call. Don't say anything to anyone until you've got an attorney by your side. Have I made myself clear?

MUNCH

Yes. But, why –

CRAGEN

I'm not going to say another word until you have representation.

CUT TO:

INT. CAPTAIN CRAGEN'S OFFICE - MOMENTS LATER

John opens the door to Cragen's office and hears the last part of Benson's conversation as he walks in.

BENSON

(On her cell phone)

Yes, that's all we know right now. Please, if you could get here right away I'd appreciate it. (pauses) Thank you. We'll work out the details later.

She ends the call. It's hard for her to make eye contact with John, but she forces herself to do so. She radiates emotional pain.

MUNCH

Liv? You need to tell me what's going on. Have I been accused of rape? When was this supposed to have happened?

BENSON

John, you know I can't discuss this with you until you have an attorney present.

MUNCH

I know. Cragen sent me in here to call my union lawyer. A little advance warning would have been nice, however.

BENSON

I couldn't; everything was happening too fast. Call the PBA, but I've made a call too. I want you to have a better attorney than the union can provide. You know the drill - not a word - not to me, not to Cap, IAB or anyone.

MUNCH

I know. But you can tell me one thing: Who did you call?

BENSON

I had to call Barba, John. There was no way around it since you're going to be charged once the vic has made a positive I.D. My second call was to someone I've worked with before, who understands the risks of what we do. I know you, John. You'd never force yourself upon a woman under any circumstances. Certainly not like this. Please, don't ask me anything else right now. We have to be very careful.

END OF TEASER

_I'll post more soon. It's complete, I just need time to format it in Word and post it here. If you're wondering why I need a little time, head to my profile page here and you'll understand. _


	2. Chapter 2

ACT ONE

INT. SVU SQUAD ROOM - A FEW MOMENTS LATER

Every detective is staring at the Captain, various emotions playing across each one's face. Shock, disbelief, anger, empathy. The tension in the bullpen twists everyone in a different way as the realization sinks in that one of their own has been accused.

BENSON

Munch is calling the PBA right now.

CRAGEN

Good. Nick, once John's lawyer gets here, you'll be in Interview Two with me. IAB will be in with us as well. Fin, you and Rollins will observe along with Benson. Barba needs to be in on this, too, instead of reading it off the Fives.

BENSON

I've called him. He'll be here.

FIN

Cap, what's this really all about? You know as well as I do, John didn't attack anybody. Sure, he gripes about women from time to time, but the worst he's ever done is argue with them - he'd never raise a hand to hurt one.

CRAGEN

All I know is, a woman came in very early this morning covered in contusions. She filed a report with Benson and Amaro accusing John of aggravated sexual assault. Now move, people. I'll get Munch, then we'll get this mess straightened out.

ROLLINS

Rape? Sarge? Cap, you can't be serious! This is some kind of major mistake.

CRAGEN

Well, Rollins, we'd better be able to prove that to IAB as quickly as we can. At least I don't have to remind any of you that Sergeant Munch remains innocent until proven guilty.

CUT TO:

INT. INTERVIEW ROOM TWO - MOMENTS LATER

The detectives have taken their places as ordered by their Captain. John is seated at the table in the interrogation room with Lt. Ed Tucker of the Internal Affairs Bureau, Cragen sits across from Munch as well. Amaro is doing his best not to pace. Benson, Fin and Rollins are in the anteroom, observing silently, trying to wrap their heads around the implications of the situation. ADA Barba is there as well, his expression unreadable.

TUCKER

Detective Sergeant John Munch, I have to admit, after your four divorces I've always wondered if they'd been because you took what you wanted.

MUNCH

I haven't been formally charged yet, but I'm already invoking my right to remain silent. I will assure you all of one thing, however: What took place last night between Genevieve Devereaux and I, it certainly wasn't rape. She not only consented to what transpired after dinner, she initiated it.

AMARO

Wait? Who? The vic gave her name as Connie Hastings.

Amaro takes out a picture from the file folder in his hand. A middle-aged woman, disheveled blonde hair, bloodshot blue eyes, her pale face colored with deep bruises, also has reddish-purple handprints to either side of her neck. He places the photo in front of Munch, who studies it carefully.

MUNCH

I have no idea who this person is - I've never even heard of anyone by that name! Why is Hastings so certain I was the one who raped her? After Genevieve and I met at McGinty's, we were together until I left my apartment this morning to come here.

CRAGEN

This is a problem, John. Because if you've never seen her before, how, exactly, could Hastings and the sketch artist come up with this?

Cragen flips over what appeared to be a blank piece of paper, and slides it toward John. It isn't a perfect likeness of Munch's face, but it's clearly too accurate to ignore.

MUNCH

This is insane! I never so much as touched her or have any idea who she is. She's filed a rape charge against me? When was I supposed to have attacked her? Where did she say this alleged assault took place? I want details of everything she's accusing me of, because I'm telling you right now not one single word she's said is true.

A tall, handsome, black man with very close-cropped gray hair, wearing a perfectly tailored suit opens the door. His bearing self-confident almost to the point of seeming regal. He is Bayard Ellis, Esq., an attorney Benson and the SVU squad have worked with in the past.

ELLIS

Please, John, don't say another word. As of yet, you haven't been formally charged. Until you are, I ask that you remain silent. Detective Sergeant Munch is now my client. Until I've had ample opportunity to speak with him privately, he has nothing further to say at this time.

INT. SVU SQUAD ROOM - TEN MINUTES LATER

Cragen and the SVU detectives are at their desks, while Munch speaks with Bayard Ellis in the interview room. Everyone grapples with their emotions, at the base of them all is a stunning sense of disbelief. Lt. Tucker is clearly in his element, taking an almost sadistic joy in his interaction with Capt. Cragen.

TUCKER

Before you get any ideas, Captain Cragen, let me assure you, your squad will not be conducting this investigation. This is out of your hands. Detective Munch is on administrative leave until he's formally charged, which I intend to do no later than the end of watch today. Once I get his victim –

CRAGEN

Alleged victim, Lieutenant. John Munch has rights and they won't be trodden upon for the sake of the NYPD spin doctors or IAB.

TUCKER

As I was saying, we'll get Ms. Hastings in to make a positive I.D. before the day is out. In the meantime, the case file resides with me.

Cragen reluctantly hands over the documents, all of them collected in a sealed envelope.

CRAGEN

I'm sure you'll be calling on both Benson and Amaro soon, to give their statements.

TUCKER

You can bet I'll be calling on all of you. Once I've had a chance to go through Munch's jacket with a magnifying glass and review last night's paperwork, I'll be in touch. Look, Captain, I'm not saying he's guilty, yet, but I've known too many cops who looked spotless on the surface - only to find out they were hiding a lot of filth underneath their shield.

Cragen and the entire squad stare hard at Tucker's back as he leaves. As soon as the Lieutenant is gone, Cragen shifts into command mode, determined IAB won't be allowed to send one of his tenured detectives to Rikers without a fight.

CRAGEN

We don't have much time, people. I'm not going to ask any of you to openly defy IAB, but I'm not going to rely on Tucker and his people to give John the benefit of a thorough investigation, either. If I have to risk my command by making an end-run around Internal Affairs, so be it, but I cannot make that decision for any of you.

BENSON

John's stepped up for me so many times, I've lost count. I'll do whatever you need, Cap.

FIN

Don't even ask. I'm in.

AMARO

I don't know Munch as well as Fin and my partner do, but he's been my rabbi since I joined this squad. I'm willing to give him the benefit of the doubt.

ROLLINS

Same here. It's going to be up to us to clear Sarge. Where do you want us to start?

CRAGEN

First, let's get all the background we can on this supposed 'victim,' and see if she has any connection to John - obvious or not. Rollins, hit every database to see if she has a record.

ROLLINS

You got it, Cap.

CRAGEN

Maybe we'll get lucky and find out she's accused someone else of something major, especially if they're in law enforcement. Fin, pay a visit to Patrick McGinty and see if there's any surveillance footage from last night - inside and out.

FIN

I'm on it. He's retired NYPD. That place of his is covered by more cameras than Fort Knox.

CRAGEN

Benson, get with the Crime Lab and find out where they are with the rape kit results. Make sure they bump it to the top of their list. After that, you and Amaro go to John's. Talk with Genevieve Devereaux; find out what she has to say about last night.

BENSON

Got it. For what it's worth, I've already asked the lab to expedite the kit in any way they can. I'll keep checking in with them until we get the long before IAB arranges the line-up?

AMARO

Knowing Tucker, a couple hours, tops. I saw the look on his face; we all did. If he could have sent John to The Tombs when he walked into interrogation, he would have.

CRAGEN

Nick's right. Get moving - and above all, be discreet.

CUT TO:

INT. INTERROGATION ROOM - ONE HOUR LATER

There is evidence Munch and Ellis have been talking for some time, water bottles, a coffee cup, John's tea mug on the table. It's obvious two highly intelligent men are in the midst of trying to solve a mind-bending puzzle.

ELLIS

Once again, to be sure there are absolutely no details I've missed, tell me exactly what happened in the moments before Ms. Devereaux joined you for the evening.

MUNCH

We were all sent home at seven o'clock. I walked the three blocks to McGinty's and went inside. I looked around for Genevieve, even though I didn't expect her there until eight. I ordered a glass of Merlot and stood at the bar, watching some banal political drivel on the TV above the bartender's head.

ELLIS

You hadn't had any alcohol up to this point?

MUNCH

None. He was busy filling pitchers of beer for a large group. He gave me a nod, enough to let me know he'd take care of me as soon as he could.

ELLIS

And after he acknowledged you?

MUNCH

Someone tapped me on my right shoulder and I turned my head in that direction. I didn't see anyone, so I turned back toward the TV. That's when things took a turn toward the bizarre. Out of the peripheral vision on my left side, I saw a woman. A split-second later, she had her hands on the sides of my face and she kissed me - hard. She managed to shove her tongue into my mouth before I even had time to react.

ELLIS

Did you know her? Was she someone you'd seen in the bar before, perhaps? Someone you were acquainted with through a case?

MUNCH

None of the above. I'd never seen her before in my life. While she kissed me, she ran her fingers through my hair with so much force, it felt like she took a fistful of silver with her.

ELLIS

What did you do then?

MUNCH

I yanked my head back to get out of the kiss. Then, I took her by the shoulders and pushed her back, but not against the bar...into the room, firmly enough to make her let go of me. I asked her what in the hell she thought she was doing, in a voice loud enough to make everyone turn and stare.

ELLIS

Tell me exactly what she did after you made her stop. Did she act as if she'd been injured?

MUNCH

Nothing of the sort. She yelled, "Oh my god, I thought you were someone else!" She apologized at least three or four times before she ran out of the bar, still babbling about how she'd made a terrible mistake. I rushed after her to try and figure out who she was, but she got into a car at the taxi stand and was out of there so fast I couldn't get the plate number.

ELLIS

Do you remember the name of the cab company?

MUNCH

No. That's one of the things that bothered me as I ran it through my mind late last night. She didn't get into a cab. She left in what looked to me like a dark red Honda sedan. Someone must have been waiting for her. But why?

CUT TO:

EXT. INSIDE AN UNMARKED POLICE CAR, AT THE CURB IN FRONT OF JOHN MUNCH'S APARTMENT BUILDING: 806 W 183RD ST., WASHINGTON HEIGHTS - 10:00 A.M.

Benson and Amaro are sitting in an unmarked brown Crown Victoria, watching the front of John's apartment building for a moment. The silence is uncomfortable; Nick is grappling with how he's going to voice his misgivings to his partner.

AMARO

Liv, before we go any further with this, I just need to know one thing. I mean, every man is capable of doing what John's accused of, but tell me –

BENSON

Nick, I've known Munch over fourteen years and I can swear to you he would never even consider what he's been accused of as an act of anger or revenge. One thing I know above all else is that John would never physically or sexually assault a woman.

AMARO

Thanks. I guess I needed to hear it from you is all. Let's go see what his lady friend has to say about this mess.

CUT TO:

INT. MUNCH'S APARTMENT BUILDING - MOMENTS LATER

Benson and Amaro stand before the door to John's apartment as Amaro knocks loudly. Moments later, a slim, stunningly beautiful woman in her early fifties opens the door; her short, salt and pepper hair is styled perfectly, her green eyes highlight an inquisitive, intelligent expression. Her refinement quietly attests to her education and hints that she is quite well off financially. Smartly dressed in a skirted suit, wearing an antique diamond solitaire on the ring finger of her left hand, Genevieve Devereaux is surprised as the two detectives display their badges.

BENSON

I'm Detective Olivia Benson and this is my partner, Detective Nick Amaro. Are you Genevieve Devereaux? She nods, a stricken look on her face as she stares at the two detectives.

DEVEREAUX

Oh my god... What's happened? Why are you here? Has John been shot?

AMARO

No, no, nothing like that, Ms. Devereaux. He's at the precinct, but something has happened we need to talk with you about.

BENSON

May we come in? This might take a little while.

DEVEREAUX

Of course, please do.

CUT TO:

INT. JOHN MUNCH'S APARTMENT

The two detectives enter Munch's impeccably clean, rather Spartan apartment, as Genevieve leads them to a small table in the kitchen. She is personable, albeit slightly formal in manner. She's a bit guarded because these are Munch's squad mates. She's not sure what they know about her relationship with John or why they are there.

DEVEREAUX

Please, have a seat. May I offer you both something to drink?

AMARO

No, thank you. We're fine.

DEVEREAUX

John seemed all right this morning when he left, although I could tell he was a bit preoccupied. Is he

ill?

BENSON

No. Physically, he's doing okay. What we need to ask you about was something that may have happened last night. What time did the two of you meet yesterday evening?

DEVEREAUX

We got together at eight o'clock, at a place called McGinty's. We were there for almost an hour, having a drink before we left for dinner.

AMARO

Have you known John for very long, Ms. Devereaux? I noticed it looks like you're settled in here pretty well.

DEVEREAUX

John and I have been acquainted for almost five years. I'm from the Chicago area originally. My parents relocated several years ago to the family's estate in the South of France. Now that they're older, I spend a great deal of time there. When I'm here in the U.S., most of my business is in Manhattan. John graciously extends his hospitality each time, which I've accepted.

BENSON

I'm curious... How did you two meet?

DEVEREAUX

John and I first met at a crowded little cafe in Montrozier, a town near where I live in France. There was nowhere else to sit, I had room at my table and asked him if he'd care to join me. I discovered he liked to vacation there. We realized we have a great deal in common and we decided to keep in touch. Our relationship progressed, you could say, each time he came to France and I came to the U.S. Now, if you'd please answer a question for me: What, exactly, is going on?

AMARO

He was with you all night, from the time you arrived at McGinty's?

DEVEREAUX

Yes, of course. He was with me the entire time, until he left for work this morning around six. I'm not answering more questions until you explain to me what you're getting at. What has happened to John?

BENSON

The reason we're trying to establish a time-frame is because last night...a woman accused John of sexually assaulting her.

DEVEREAUX

She said he raped her? Last night? That's utterly preposterous! Not only was he with me every moment, but I know him well enough to vouch for his personality and deportment. I've never seen him do more than verbally chastise a woman, and then only if her behavior warranted it. Who do I have to give a statement to, so this ridiculous lie can be put down?

AMARO

Internal Affairs is investigating the complaint. We're sure that sooner or later they're going to send someone to talk with you. For John's benefit, we're asking you to remember we weren't here. We never had this conversation.

BENSON

A friend of mine who's an attorney is representing John. As a matter of fact, he's with him now at the precinct. He's going to want your testimony, too.

DEVEREAUX

Which he'll have, without hesitation. Has John been charged yet? What should I do until I'm contacted? How can I help him?

BENSON

The best way to help him is to make sure his attorney, Mr. Ellis, is by your side when you talk with Internal Affairs. Insist that he's there with you and don't say a word if he's not. IAB is not to be trusted and they can be very intimidating.

DEVEREAUX

I understand. They'll find out soon enough, I'm no shrinking violet. Now tell me, when may I speak with Mr. Ellis?

BENSON

Soon. But first, maybe there is something more you can do for John. Would you mind coming with us for an hour or so?

DEVEREAUX

I'd be happy to, but where are we going?

BENSON

If you don't mind, I'd rather explain everything while we're on our way.

END OF ACT ONE


	3. Chapter 3

ACT TWO

INT. 16TH PRECINCT, LINEUP ROOM - SAME DAY, THIRTY MINUTES LATER

A lineup is in progress, four tall, slim men with short silver hair and tinted glasses stand alongside Munch, each wearing a stylish dark suit, each man holding a number as he faces a one-way mirror. Cragen, ADA Barba, Ellis, and Lt. Tucker are in the anteroom with Connie Hastings, each man watching her expression carefully.

ADA BARBA

Ms. Hastings, take a close look at each of the men in the lineup. If the man who attacked you is there, I'd like you to tell me which one it is.

She looks each one over thoroughly, then turns to Barba.

HASTINGS

Would it be possible for them to turn so I could see them from the side? I want to be sure about this.

TUCKER

(into the intercom) All of you turn sideways, so your right side is toward the glass.

The men watch as she takes her time once again, before she nods to the ADA.

TUCKER (CONT'D)

(into the intercom) Now turn back, facing the glass.

HASTINGS

It's Number Four, I'm sure of it. He's the man who attacked me.

TUCKER

Number Four, step forward. The rest of you can go. Thank you, Ms. Hastings. I'll be in contact with you again soon, but first I have an arrest to make.

Number Four is John Munch. Hastings is escorted out by a uniformed officer, a relieved expression on her face as she leaves. Lt. Tucker wears a thin smile as he coldly regards Cragen.

TUCKER

Didn't take her long to decide it was Sergeant Munch. Why am I not surprised? Bad cop, no donut.

CRAGEN

Try not to enjoy yourself too much at the expense of my detective, Lieutenant.

TUCKER

Captain Cragen, you saw it yourself, the victim made a positive I.D. And now, if you'll excuse me, I'm going to go cuff him myself. He's doing the perp walk, then he's giving a DNA sample. After that, you can forward all his mail to The Tombs until arraignment.

ELLIS

My client could refuse to provide his DNA until you get a court order compelling him to do so.

ADA BARBA

Nice bluff, Mr. Ellis, but you of all people realize that's no longer technically true. I'm sure you recall a law was recently passed in Maryland, and upheld by the Supreme Court, granting law enforcement the right to take a DNA sample from anyone the moment they're charged with a serious crime. Certainly you don't want to risk your client sitting in Rikers until the same decision is reached in this state.

ELLIS

How kind of you to refresh my memory. Yes, I was fully aware you'd be taking his DNA, but I'm one step ahead of you.

Bayard hands ADA Barba a folded piece of paper.

ELLIS

This is a court order stating a blood sample is required, not merely a cheek swab, and that the Medical Examiner has to take the sample personally.

ADA BARBA

Well played, Mr. Ellis. I look forward to the results every bit as much as you and your client. In the meantime, you do understand I have to prosecute this case regardless of my working relationship with Detective Munch?

ELLIS

I do, Mr. Barba. As the saying goes, sir, 'See you in court.'

CUT TO:

INT. SVU SQUAD ROOM - SAME DAY, LATE AFTERNOON

Captain Cragen, Bayard Ellis and the remaining SVU detectives are watching events unfold on Fin's laptop, glancing up from occasionally to be sure Lt. Tucker doesn't enter and see what has their attention. From their POV we see the surveillance footage from McGinty'sBar & Grill. The footage is in color, the crisp images clearly captured by a series of high-definition security cameras. They are watching as events unfold exactly as Munch described to Ellis.

FIN

Damn! Munch wasn't kidding. She went straight for him.

BENSON

The questions are, why did she single John out? And who exactly is she? Hastings is a pale blonde with blue eyes. "Mystery Woman" here has long curly dark hair, dark eyes and looks like she vacations on Miami Beach. She's also heavier and doesn't seem as tall.

ROLLINS

Which could all be a ruse. Nothing like a wig, contacts, and a spray-on tan.

AMARO

She knew exactly what she was doing. See her body language as she's waiting for John to come in? It's pretty clear she didn't want anyone else near her.

ELLIS

There has to be a connection between her and Ms. Hastings. John has obviously been set up, but why?

CRAGEN

Rollins, any luck with the database searches on Hastings? There has to be something out there on her, especially if she's done this before.

ROLLINS

I've searched a hundred different ways on every database we have access to - still nothing.

CRAGEN

Then go back and try a hundred more. There's something we're missing here.

FIN

This might be something: Not all the glassware got washed at McGinty's last night. The bartender who served John saw enough of what happened, he kept the glass our mystery woman drank from. The guy's a retired CSI tech, so when he saw what was going on, he had a feeling it was pretty messed up. He'd bagged the glass. He gave it to old man McGinty, in case there was a question about it later on. McGinty gave it to me with this DVD.

CRAGEN

Where's that glass right now?

FIN

I logged it in; it's with the Crime Lab. They're checking it for prints and DNA. They said they'd put a rush on it.

CRAGEN

Good. Let's hope when John and his gal pal were there, they tipped that bartender well. We need a break in this case - now.

CUT TO:

INT. ADA BARBA'S OFFICE - THAT EVENING, 6:00 PM

Detective Benson pushes open the door to Rafael Barba's office, a woman on a mission. Barba is busy putting files in his briefcase, preparing to leave for the day. Benson's emotions are conflicted. While she wants Barba off the case, she's not entirely convinced that would be in Munch's best interests either.

ADA BARBA

Olivia Benson. Why am I not surprised to see you, Detective?

BENSON

Because you know as well as I do, John Munch is innocent. You need to recuse yourself this time, Rafael.

ADA BARBA

You're here questioning my ability to be objective? I suddenly feel deeply insulted.

BENSON

No, that's not what I'm saying. I simply don't want to see you forced to put a member of the squad - a friend - in prison, if we can't find a way to prove he's innocent.

ADA BARBA

Olivia, I couldn't take a pass on this case if I wanted to. It would look like SVU was getting preferential treatment, if I went to the DA and asked for this one to be reassigned. I'm not about to do anything of the sort.

BENSON

You don't think someone who doesn't know Munch would be more appropriate?

ADA BARBA

Absolutely not. Who else would be more objective than someone who's prosecuted John's cases? I know how he works, I know how he thinks, and I know we certainly should not be having this conversation.

BENSON

Yes, we should. Hasn't it occurred to you that someone could be framing him? Your client is hiding something, I know she is. We haven't found out exactly what, but we will.

ADA BARBA

Fine. Let's say Munch has been wrongfully accused. It's the job of Internal Affairs - not SVU - to bring me evidence supporting that. I'm the best person to fully consider anything they turn up, which is why I refuse to recuse myself. This is the point at which you should thank me, Olivia. Anyone else might not be as objective, especially in light of the squad's propensity for bending rules until they snap.

BENSON

I'm saving my gratitude, until I know John's no longer in danger of spending the rest of his life in Rikers.

ADA BARBA

The D.A. is fast-tracking this one. He's not about to get accused of going light on a squad that's seemingly gone rogue before. You have approximately forty-eight hours before I have to take this case to trial.

BENSON

I know. Cragen told us. It's obvious Tucker has already made up his mind to do as little as possible, which hangs John out to dry. Meanwhile, we're doing everything we can, but the few leads we have are going nowhere.

ADA BARBA

All I can tell you is to keep digging as hard as you possibly can. Work fast, be one hundred percent sure of the validity of your evidence, and don't tell anyone we had this discussion. And now, if you'll excuse me, I'm late for a meeting with our mutual friend, Lt. Tucker.

BENSON

I'm trusting you, Rafael; I hope you know that. I need you to realize exactly what my trust in you means right now; to me, to John, and to the entire squad.

ADA BARBA

Whether you believe me or not, I understand. I'll do what I can to make sure your trust isn't misplaced, but you have to remember I'm bound by the evidence presented. I realize IAB is railroading John, Olivia, but even I haven't a clue exactly why. Bring me whatever you find. We haven't got much time on either side at this point.

END OF ACT TWO


	4. Chapter 4

ACT THREE

INT. CONNIE HASTING'S LIVING SPACE - DUMBO, BROOKLYN, NY - SAME NIGHT, 9:00 PM

Hastings sits at an old, weathered wooden table, stained with burn marks from too many neglected cigarettes. A filled ashtray is nearby, the stubbed out filters ringed by her shade of lipstick. Hastings' living quarters are a partitioned off section of a rented, unheated loft, where canvases of various sizes hang helter skelter around the space. Each canvas, painted in garish hues, has something in common with her personality: They all reference a long-standing hatred of authority, especially the police.

The harsh interior light shows her age. She is in the middle of a conversation with Shigi Omori, a Japanese man in his mid-40's wearing a disheveled lab coat that hasn't been washed in a while. It has a patch sewn on the upper sleeve: Yakimoto Laboratories. Hastings pushes a copy of the NY Post over to his side of the table.

HASTINGS

Seen this yet, Shigi? I think you're about to get the rest of what we agreed on, don't you? Omori stares hard at the gossip rag. Above the fold on the front page he reads, "SVU Det. Accused: Sexual Assault!" It is obvious he's extremely uncomfortable as he rapidly skims the article.

OMORI

Understand, I told you I'd help you only because you said there was solid proof this man killed your brother. To this point, you've shown me nothing to back that up.

HASTINGS

You weren't so insistent when I gave you my spit, those hair samples and an envelope with ten grand in it. I can get the proof. You want to see a copy of that bogus 'investigation' the Baltimore police said they did?

OMORI

Yes. Yes, I do, especially if what I've done means an innocent man is going to spend years in prison. You need to prove to me that this...Detective Munch...is truly the man who killed your brother.

HASTINGS

I told you before, he didn't "kill" him; he murdered him in cold blood! He planned it, Shigi. He executed the only person who ever loved and protected me - and now he's going to pay for it. It's a little late to suddenly grow a conscience, don't you think?

OMORI

You know the only reason I agreed to this is because I desperately need money. Otherwise, you'd still be looking for someone.I remind you, you have yet to uphold your part of this. I want to see proof the detective did what you said. No more help, not until you show me evidence.

HASTINGS

Fair enough. I'll get a hold of my guy inside the Baltimore Sun. He'll send me a copy of the police report and everything else he's collected over the years. Will that satisfy you?

OMORI

For now, yes. But there is one more thing: I want to see the rest of the money. Right now. I need to know you have it.

HASTINGS

I'd be a fool to keep that much cash around this place. No. You'll have to trust me. Just like we agreed, once Munch is locked away in Rikers, then you'll get the rest of what I owe you - and not a minute before.

The expression on Shigi's face makes it clear how he feels toward Connie, how he'd like nothing more than to be free of her and their 'agreement.'

CUT TO:

INT. JAIL CELL "THE TOMBS" - ALMOST MIDNIGHT

Munch sits alone in his cell, unable to sleep or do more than ponder what his fate will be at arraignment and later, at trial. He looks up as his cell door is opened, a Corrections Officer motioning for Genevieve to enter. She does, moving to John quickly as he stands. The two of them embrace tightly as they kiss. John isn't broken but, perhaps for the very first time, we see he is genuinely vulnerable.

DEVEREAUX

As soon as we know what your bail will be, we'll pay it and get you out of this wretched place.

MUNCH

You mean, if we can get me out. The judge could decide upon remand, in which case I won't be leaving here anytime soon, Gen. At the very least I'll have to surrender my passport. Police aren't usually put in the general population when incarcerated, but I have no idea what will happen at this point.

DEVEREAUX

John, don't you dare lose hope. You're innocent. I know that and everyone in the squad knows that, too. They're working as hard as they can to end this nightmare - don't sell them short. If it's possible, they care about you every bit as much as I do.

MUNCH

It means everything to me that you believe what I've told you, because it's the truth. It's as true as all the other things I've said to you, too. When I promised you we'd settle permanently in your little town in France once I retire, I meant it.

DEVEREAUX

I've never doubted a word. We still have that to look forward to, John.

MUNCH

Do we? How can you be so sure right now? I've worked in law enforcement long enough to know the system is far from perfect. I could be in prison for the rest of my life over a crime I didn't commit, locked up for something that never even happened. You've seen it yourself, Gen - the guilty walk free, the innocent get put away for life. I work for the system and still have no confidence in it. How many innocent people have I ruined?

DEVEREAUX

John, don't - don't do this. You have to stop thinking like this.

MUNCH

I wouldn't expect you to wait for me, to fly back here for parole hearings and plead my case. I'd never ask you not to fall in love with someone else...if everything goes to hell.

DEVEREAUX

I understand why you feel this way, but I refuse to stop fighting - and so should you. We love each other too much to let this come between us, and it won't. If I can keep the faith, you can too. I expect nothing less of you, John. When we exchanged rings in that beautiful restaurant in the Eiffel Tower at sunset, what did we say?

MUNCH

We said we didn't need anyone to officiate. Because we know how we feel about each other and that's all that matters.

DEVEREAUX

Yes. We made a promise to each other, didn't we?

MUNCH

We did. We promised, come hell or high water, we'd spend the rest of our lives together. You're right, Gen; we can't let that change. We won't allow anyone to take it away from us. We'll find a way to get through this.

They both see the Corrections Officer as he comes back and points to his watch. It is time for Genevieve to leave John alone with his dark thoughts. She doesn't want to go and, while it pains him deeply for her to see him as a prisoner, he doesn't want their time together to end either.

DEVEREAUX

I have to go, but I'll see you tomorrow morning at arraignment. Jet'aime. Être fort, pour nous deux. (Subtitled: I love you. Be strong, for both of us.)

MUNCH

Je vais le faire. Je t'aime, trop, beaucoup. Ce problème sera résoluet nous serons ensemble. (Subtitled: I will. I love you, too, very much. This will be resolved and we will be together.)

CUT TO:

INT. SVU SQUAD ROOM - THE NEXT MORNING, 4:00 AM

Detective Rollins is at her desk, visibly tired, organizing paperwork and photos to tape on a whiteboard as she shares the latest details with her squad-mates. Captain Cragen, Benson, Amaro and Tutuola all come in, obviously exhausted, each one carrying their choice of caffeine.

CRAGEN

Thanks for the early wake-up call, Rollins. Have you even slept?

FIN

You kidding me? She sleeps even less than Liv does.

ROLLINS

It's not like any of us really have, not with John in The Tombs. To answer your question, Cap, yeah...I grabbed an hour in the cribs. I'm fine.

CRAGEN

Good to know. Now what's this sudden break in the case you've got for us?

ROLLINS

Crime Lab got a solid hit on the glass Fin got from McGinty's. Ten points on three prints. The tech called me two hours ago and gave me a heads up, before he needs to turn his paperwork over to IAB. Here's where it gets weird: The prints came back connected to three people: Connie Hastings, the vic; Beverly Wade, who looks too much like our 'mystery woman' from McGinty's to be ignored, and a third person, Edwina Pratt. Pratt's from Baltimore and has a couple priors for identity theft and carrying concealed without a permit. She's been in the wind for a long time. It was Pratt's DNA on the glass, too.

FIN

Back up a minute, Amanda. Did you say her name is 'Pratt'? From Baltimore?

ROLLINS

Yeah. Why? Ring a bell, Fin?

FIN

More than that, it sets off an alarm.

BENSON

In what way?

FIN

John came over to my place one night for a beer and bitch session. We were sitting around shooting the breeze with the TV on in the background. A story came on about a couple Baltimore cops who'd been shot, one of them in the head. The guy lived.

AMARO

Good for him. What's this have to do with Pratt?

FIN

John spilled his guts about a bust gone bad when he was working Baltimore homicide. He and three other detectives went to serve a warrant. They got ambushed by a perp named Gordon Pratt. His three squad mates all got hit, but he didn't - he was lucky. His partner was shot in the head and survived; along with another one, a female detective, who was shot in the heart. The third one was hit, but not as bad. The guy who caught one in the brain retired not long after. I could tell Munch was still pretty shaken up about it. He said it's not something you ever forget.

CRAGEN

Were they able to find Pratt and bring him in?

FIN

Yeah, but they didn't have enough evidence to hold him more than twenty-four hours. He walked.

BENSON

So where is he now, this Gordon Pratt? Is he in the wind?

FIN

No, he's in the ground. He's dead.

AMARO

Dead? How?

FIN

John said someone killed Pratt - popped a cap in him - and everyone figured one of the Baltimore PD looked good for it, especially the homicide squad. Everybody got investigated, because all the detectives carried nine-mill Glocks, but there was never any proof one of them did it.

CRAGEN

Son of a bitch! We all knew John was being framed. Now we know why; revenge is a pretty strong motive.

BENSON

And we can end his nightmare right now - we wake up Barba, tell him his victim is wanted on warrants and is probably a fraud. He wakes up a judge to sign off on the paperwork, then we go bring in Edwina Pratt.

CRAGEN

No, that's exactly what we're not going to do, because IAB will find a way to bury all of this - and us. In case you've forgotten, we are not even supposed to be investigating this case. We're going to play our cards close to our vests, continue to work this under IAB's radar, and be sure we have more than enough evidence to clear , dredge up what you can on this, even if you have to call Baltimore Homicide. I need to know how Edwina Pratt is related to Gordon. Benson, Amaro, find out whatever you can on the real Connie Hastings and Beverly Wade. They're probably both dead, which is why they're connected to Pratt. We need to move on this now, before IAB can make everything disappear. Fin, get to The Tombs and tell John we've got a break in the case. See if he can give us more to go on, and remind him to keep his mouth shut. No one finds out what we're doing, especially now. Are we clear on that?

All the detectives nod in agreement and set about their tasks, energized by the new information they've received.

CUT TO:

INT. COURTROOM - SAME DAY, 9:00 AM

In a packed, busy courtroom, Sgt. Munch stands with Bayard Ellis before the judge, at his arraignment. John is dressed in a solemn gray suit that Fin brought him, looking considerably more confident than he feels.

BAILIFF

Docket ending in Number 1609, The People versus John Munch, one count, aggravated sexual assault.

ARRAIGNMENT JUDGE

Detective Sergeant Munch, I certainly didn't expect to see you as a defendant. How do you plead?

MUNCH

Not guilty, Your Honor.

ADA BARBA

Your Honor, while Detective Munch is a member of the NYPD and has no prior convictions, aside from the occasional folly of a protest march or two, we have proof the victim was violently assaulted before she was raped. The People request bail of no less than $250,000.00. Because Detective Munch vacations in France, we deem him a flight risk; therefore we request he surrenders his passport.

ELLIS

A quarter of a million dollars is ridiculously excessive, Your Honor, considering the salary of an NYPD detective. I can assure you, no one wants to remain here and prove his innocence more than my client.

ADA BARBA

Considering the victim's injuries, a remarkable likeness described by her and drawn by the sketch artist, not to mention the fact Sergeant Munch was accurately chosen from a line-up? I don't think what we're asking for is excessive in the least. On second thought, perhaps remand would be more appropriate.

ARRAIGNMENT JUDGE

Save your contentiousness for the trial, gentlemen. In light of all circumstances, bail is set at $150,000.00. Detective Munch also surrenders his passport, to resist any sudden urge for Brie and Bordeaux. Next case.

John is resigned to the judge's decision, on one hand relieved that he's been given the opportunity for bail; on the other, he knows he doesn't have enough collateral for a bondsman.

CUT TO:

INT. COURTHOUSE HALLWAY - MOMENTS LATER

John is considering his options aloud, in the company of Ellis and Devereaux. He realizes the alternatives are extremely limited, the situation grim.

MUNCH

The money for a bail bondsman isn't quite as much an issue as the collateral. I can't leverage a rent-controlled apartment.

DEVEREAUX

I'll put up my estate in Kenilworth, John. The court can't possibly quibble with a seven million dollar 'cottage' outside of Chicago.

MUNCH

Genevieve, you can't be serious. I would never ask you to –

DEVEREAUX

You didn't ask, I offered. Mr. Ellis, isn't the immediate goal to keep John out of jail?

ELLIS

Indeed it is. John, take Ms. Devereaux up on her gracious offer. Police never do well in Rikers'general population. You certainly don't want to spend your time there in solitary. This is the best option available at the moment.

MUNCH

Fine. Whatever it takes to get me out of this living hell. Thank you, Gen. I promise, I'll find a way to make this up to you.

It's clear by Devereaux's reaction, John doesn't have to worry about it. She's overwhelmingly relieved he won't have to spend another night incarcerated - at least for the moment.

CUT TO:

EXT. INSIDE AN UNMARKED POLICE CAR, AT THE CURB IN FRONT OF A BUILDING SEVERAL DOORS DOWN FROM CONNIE HASTING'S PLACE - 9:30 PM THAT NIGHT.

Benson and Amaro are staking out the front of Connie Hasting's building. They're observing the red Honda which left McGinty's so rapidly with their 'Mystery Woman' inside it.

AMARO

Nice of TARU to enhance that plate number for us on the sly. Didn't take long to track down the owner, either.

BENSON

It's just more proof that nobody likes the rat squad. I'm glad McGinty's has all those cameras and maintains them as well as they do. I wouldn't have thought to have a clear view of the taxi stand, but I'm glad someone did.

AMARO

You can never be too paranoid when it comes to potential liability.

BENSON

Nick, look - someone's walking out.

AMARO

Yes they are. Hopefully, it's our man from Japan, Shigi Omori, and he wants to head for home.

After a moment, with Omori's Honda still in sight, they pull away from the curb and discreetly follow him to his home.

CUT TO:

EXT. IN FRONT OF AN OLDER, DINGY APARTMENT BUILDING IN BROOKLYN - TWENTY MINUTES LATER, SAME NIGHT

The detectives pull to the curb behind a couple of cars, watching as Omori quickly parks and exits his Honda. They watch as he goes into the lobby of an apartment building that, once beautiful and prestigious, has certainly seen much better days. They catch up to Omori as he's checking for mail at a bank of boxes in the lobby.

BENSON

Excuse me, are you Dr. Shigihiro Omori?

OMORI

Yes. I'm sorry... Do I know you?

AMARO

No, Doctor. I'm detective Nick Amaro and this is my partner, Detective Olivia Benson.

Omori tries to maintain his composure, but the detectives can see he's rattled beneath his intentionally blank expression.

OMORI

Is there something I can help you with, detectives?

BENSON

Yes. We'd like to ask you a few questions. Is this a good time for you, Doctor?

OMORI

I've had a long day. I was about to go up to my apartment and retire for the evening.

AMARO

We know you left Yakimoto Labs over two hours ago. Talking to Connie Hastings afterward couldn't have worn you out that badly, could it?

OMORI

I don't know anyone by that name. I am sure you have mistaken me for someone else.

BENSON

I hope you're a much better lab tech than you are a liar, Dr. Omori. We followed you from the lab to Hastings' place, and now here.

Shigi hangs his head, deeply embarrassed he's been caught. He looks pleadingly at the detectives, unsure what to do next.

OMORI

Yes. I do know her. Are you arresting me? Do I need a lawyer?

AMARO

That all depends on what you tell us at the precinct. It's easy, Doctor. Come with us now and tell us the truth about your relationship with Ms. Hastings. At this point, it's nothing but talk. If you're willing to cooperate with us and answer our questions, we'll see what we can do for you.

BENSON

If you lie to us, however, you need to realize you're taking a huge risk for someone who's in extremely serious trouble. Will you speak with us or should we come back with a warrant?

OMORI

I will go with you. I cannot afford to go to jail, my family in Japan is depending upon me to help support them. There are things about Ms. Hastings that I've wanted to tell the authorities, but I... I was too afraid. Now I am ashamed.

AMARO

There's no shame in telling the truth, Dr. Omori - the only shame is in withholding it.

END OF ACT THREE


	5. Chapter 5

ACT FOUR

INT 16TH PRECINCT, SVU INTERROGATION ROOM TWO - THE NEXT DAY, 7:00 AM

Captain Cragen is in the anteroom looking through the one-way glass as Benson, Amaro, Rollins and Tutuola are in the interrogation room. It is clear they are all edgy, hyperaware it's more vital than ever they keep what information they've obtained away from Lt. Tucker and IAB.

CRAGEN

Okay. I had TARU make sure we haven't been bugged. We're good, so tell me what you've got and make it quick.

BENSON

Last night we brought in Dr. Omori and he got a lot of things off his chest. He was solicited by Edwina Pratt because she preyed on his need for money. He has family he's trying to move out of Fukushima, including a young son who has thyroid cancer.

AMARO

She met him through one of those internet sites where you ask a medical question for a flat fee. Pratt knew to ask Omori, because she cross-referenced him through a site for radiation victims. He'd posted about saving up to bring his family to the U.S.

ROLLINS

As we thought, Pratt did kill both Beverly Wade and Connie Hastings. It was identity theft and insurance fraud in both cases. She's been in the wind a long time, no doubt because she's had at least two hundred grand at her disposal.

FIN

Amanda and I were able to do some additional checking, thanks to a source she has at the FBI. It won't come as a shock to anybody, Ed Tucker's a dirty cop. He's been getting semi-regular infusions of cash into his account from Pratt.

CRAGEN

What's Tucker's connection to her, aside from filthy lucre?

ROLLINS

You mean aside from the fact he was the one who choked her and beat the hell out of her, right before she came in to file her false report?She's played him, to a point. A couple years ago, she figured out who was placed pretty high in IAB. She set her sights on Tucker, started sleeping with him after his divorce.

FIN

When he discovered who she really was, she kept buying him off - in exchange for his silence and his help in framing Munch. It wasn't too hard to convince him, since John's always been pretty vocal about how much he hates IAB and what they've done to most of us.

CRAGEN

This is good work, people. We've finally got enough to run with now. As I said before, do not file any Fives on this until after it's all over. Then we can tell the truth and no one can make it disappear.

BENSON

I understand why we have to do it this way, but I'm not entirely comfortable with it. We're using John, we're using the court, when we should just turn it all over to Barba.

CRAGEN

We're taking this through the system to make sure Edwina Pratt can never go after John again. She's been in the wind despite two murders. Who knows how much collateral damage she's done along the way? There's no way we're giving her the chance to slip away again. If she gets out of this, what's to say she won't murder John before she's in the wind again?If anything goes wrong, Ellis will call for a mistrial and make it stick. John would tell you it's worth the risk to get him cleared once and for all.

BENSON

You're right; he would. And this way, we can put Tucker away as well. He's been the poster child for collateral damage, as we all know.

CRAGEN

I'll get with Ellis and Barba, to bring them both up to speed. Not a word to anyone, not even John. Pratt and Tucker thought it would be easy to put Munch away? They have no idea what's about to hit them.

CUT TO:

INT. COURTROOM - TWO DAYS LATER, 10:00 AM

We are in the middle of Dr. Melinda Warner's testimony. ADA Barba is finishing his cross-examination, with Mr. Ellis taking notes during a whispered conversation with John Munch.

ADA BARBA

Dr. Warner, what you're saying is that Detective Munch's DNA was present in the fluids from the rape kit. Is that correct?

DR. WARNER

Yes, however, it –

ADA BARBA

The answer is yes. Thank you, nothing further. Your witness, Mr. Ellis.

ELLIS

Dr. Warner, did you notice anything unusual about the content of the fluids from the alleged victim?

DR. WARNER

I did. I noticed a complete lack of sperm, which was quite odd. Instead, the lab reported epithelial cheek cells that matched those of Detective Munch. Since there was nothing documented that the victim was subjected to oral sex, the combination of those two factors made me highly curious.

ELLIS

Could that be because of John's age or physical condition, Doctor?

DR. WARNER

For a sixty-two year old male, Detective Munch is in good health, both generally and sexually.

ELLIS

I'm presuming you did a tox screen in addition to processing his DNA?

DR. WARNER

I did. His blood alcohol content was zero at the time I obtained his blood sample, commensurate with someone who'd had a drink or two the previous evening and completely metabolized the alcohol. Aside from blood pressure medication in line with what his doctor prescribed for him, he had absolutely nothing else in his bloodstream, legal or otherwise.

ELLIS

Tell me, Doctor, did you check specifically for sexual enhancement drugs? Maybe John had taken Cialis, Viagra or an herbal compound the night before?

DR. WARNER

I had tests run for every erectile dysfunction drug available both here in the U.S. and France. I also had Detective Munch's blood tested for yohimbe and other herb-based enhancers. There were none.

ELLIS

We have a sixty-two year old man in good health...with no drugs in his system to assist in his sexual activity. Doctor, in your estimation, what would be Detective Munch's refractory rate? In the span of time from approximately eight in the evening until the next morning, how many times - in your medical estimation - would Detective Munch be able to perform sexually?

DR. WARNER

I would think only once that night, considering his age, physical condition and lack of pharmaceutical enhancement. In a sample of the Detective's fluids, I also found an above average number of viable sperm. Which is why the results of the rape kit were puzzling at first.

ELLIS

You obtained fluids from my client? How so? I wasn't aware he'd provided more than a blood sample, Doctor.

DR. WARNER

No, not directly from John Munch, Mr. Ellis. From Ms. Devereaux. It was she who insisted on meeting with me, to discuss the quality of the lab and its processing procedures. She was very concerned. When she mentioned the time-frame during which she and John had intercourse, I realized there could still be viable sperm to use as a double-check - to ensure the plaintiff's sample matched your client's.

ELLIS

So you examined Ms. Devereaux?

DR. WARNER

I did, at her insistence. She made arrangements to pay for the testing herself. The examination was the equivalent of a complete rape kit: hair, fluids, everything a standard rape kit is processed for. I had it expedited by a third-party lab with impeccable credentials, to avoid a conflict of interest.

ELLIS

What were the results from this lab?

DR. WARNER

Detective Munch has an above average active sperm count for a man his age. Considering there were absolutely no sperm whatsoever in the victim's rape kit fluids, only epithelial cheek cells, the only conclusion I can draw is that she mixed John Munch's saliva with her own vaginal secretions, in an effort to make it erroneously appear he sexually assaulted her. The evidence points to no other conclusion. Furthermore, despite the appearance of her injuries, there were no defense wounds on her hands nor could Munch's DNA be found in any of the scrapings from beneath her nails. I did, however, find something extremely curious: Another man's DNA from those scrapings.

'Hastings' can no longer control herself as she sees her plan beginning to unravel before the judge. She leaps to her feet and shouts, pointing at Warner.

HASTINGS

You're a liar! I want to see your credentials! How can you sit up there and lie like that, when you know he's guilty?

JUDGE KARYN BLAKE

Mr. Barba, you need to control your client immediately! The jury will completely disregard the plaintiff's outburst. Court will recess for ten minutes to allow the ADA's client to get a grip on her emotions.

Barba settles his client down for the moment, whispering to a Bailiff to make sure she doesn't leave as he exits the courtroom for a brief break.

INT. COURTHOUSE HALLWAY - MOMENTS LATER

An infuriated Donald Cragen uses the brief pause to confront Lt. Tucker, both men unaware that ADA Barba is well within earshot yet out of sight. The Captain and Lieutenant are almost nose to nose, their hatred for each other nearly palpable.

CRAGEN

You knew about this all along, you bastard! You knew Detective Munch was being set up for something he had absolutely no part in, but you had to push your own agenda!

TUCKER

Accuse me all you want, Captain, but you can't prove any of it. Consider it karma biting Munch in the ass for killing Gordon Pratt.

CRAGEN

And you have no proof of that; nothing but your own conjecture. Did you sleep with Edwina Pratt before or after you helped her frame my detective?

TUCKER

I won't dignify that with a response. I did see Munch's jacket from Baltimore homicide. The investigating detective wasn't just anybody, he was also on that squad, he was a close friend of Munch's. They even owned a bar together. You think that doesn't scream cover-up?

CRAGEN

I'll remind you, the circumstances of that case don't matter: He wasn't charged, which gripes your ass so bad you had to manufacture something with a known it, Ed, you sabotaged your pitiful excuse of an IAB 'investigation,' by doing nothing to disclose all the evidence my unit had to dig up to keep an innocent cop from going to Rikers. You think I won't go up the ranks about this?

TUCKER

Give it your best shot, Don. Your rabbi, the Chief of Detectives, was your only ally and he's long retired. After all the lies and insinuations your squad has been involved with, who'd ever believe you?

The bailiff announces that court is about to be reconvened. Cragen and Tucker exchange glares one last time before returning to the courtroom. ADA Barba turns off his cellphone, pockets it and goes in last, unseen by both men.

INT. COURTROOM - MOMENTS LATER

Trial has been reconvened after the short break. Dr. Warner has returned to the stand, being questioned by Mr. Ellis.

ELLIS

You said there was another man's DNA found under Ms. Hastings' fingernails, Doctor. Whose DNA was it?

DR. WARNER

NYPD Lieutenant Edward Tucker's.

The courtroom erupts in a cacophony of yelling, shouted denials, surprised utterances from the jury, and the judge as she pounds her gavel in an effort to restore order.

JUDGE KARYN BLAKE

Silence or I will empty this courtroom right now! Mr. Ellis, you may proceed.

ELLIS

I'd like to remind the jury, this corroborates the testimony given by lab technician Shigihiro Omori, who testified he saw Lt. Tucker choke the alleged victim and strike her have the victim's fluids which contain no sperm from my client, which casts great doubt upon his having had more than fleeting contact with Ms. Hastings. We have video evidence showing a woman who kissed my client - actually assaulting him, as the contact was completely unwanted, and testimony the woman in question was the 'victim' we see here today.

We also heard the crime lab tech explain to us that our victim is wanted for two murders in separate cases of identity theft - and that her real name is Edwina Pratt. I have no further questions for Dr. Warner, Your Honor. As a matter of fact, I have no further questions whatsoever. There's really nothing more to say. It's clear my client is completely innocent.

JUDGE KARYN BLAKE

Nice summation. Shall I consider that your closing arguments, Mr. Ellis?

ELLIS

Yes, Your Honor, you may indeed.

JUDGE KARYN BLAKE

Then, Mr. Barba, you may proceed with your closing arguments and we'll adjourn for lunch. After which, the jury shall decide whether or not Detective Sergeant Munch is - or is not - guilty as charged.

END OF ACT FOUR


	6. Chapter 6

ACT FIVE

INT. COURTROOM - SAME DAY, LATE AFTERNOON

The jury has informed the judge they have reached a verdict. Everyone has assembled in the courtroom for the reading of their decision. John has steeled himself for the worst, despite the overwhelming evidence he was framed for a crime he did not commit. Genevieve Devereaux is trying to maintain a brave expression on her delicate features, but she also knows the verdict could change her life forever as well. The whispers and background noise in the courtroom silence as the judge speaks.

JUDGE KARYN BLAKE

In the case of the People of New York versus John Munch, Mister Foreman, how do you find?

JURY FOREMAN

(He stands.)

In the case of The People versus John Munch, we unanimously find the defendant not guilty of the charge of aggravated sexual assault, Your Honor.

JUDGE KARYN BLAKE

Allow me to thank the jury for its dedication and service to the People of New York. You are all free to go, with the Court's gratitude. Let it be recorded the defendant, Detective Sergeant John Munch, has been found not guilty of the charges against him. Sergeant Munch, you are also free to go.

MUNCH

Thank you, Your Honor.

ELLIS

Thank you, Judge Blake.

Munch, greatly relieved, shakes Ellis' hand as the attorney is deeply satisfied with the outcome of the trial. Ellis allows himself a smile, watching with pleasure as ADA Barba walks over to Lt. Tucker. A uniformed officer enters the courtroom and hands Tucker a warrant for his arrest.

TUCKER

This is an arrest warrant. You must be off your nut!

ADA BARBA

I heard you bragging in the hallway, Lieutenant, and felt it necessary to have a chat with the D.A., after what you said to Captain wasn't the first time we noticed you've stood in the way of an IAB investigation. You've been very selective about who among the NYPD goes free or gets charged, depending upon who fluffs your bank account the most.

Tucker reads the warrant, aghast that anyone - especially the District Attorney's office - would have the temerity to charge him with a crime, let alone a litany of them.

TUCKER

What the hell? I'm being brought up on charges for obstruction of justice? Aiding and abetting a felon? Conspiracy? And possible civil rights abuse? You can't be serious! These charges won't stick and you know it.

ADA BARBA

I assure you they will, each and every one of them. You said it yourself, earlier: Karma. This time, however, it's bitten you back. Your next call should be to your PBA lawyer. For your sake, he'd better be a capable adversary. I'll be prosecuting your case myself, with the D.A.'s blessing.

Lt. Tucker is stunned. He turns to look at Edwina Pratt and sees her shocked expression. It is clear they both thought they would get away with their fraud. The uniformed officer handcuffs Tucker, as he quietly reads him his Miranda rights while leading him out of the courtroom.

ELLIS

Captain Cragen, if one of your detectives would do the honors in light of the crimes committed against my client?

CRAGEN

With pleasure, Mr. Ellis. Detective Tutuola, would you take Ms. Pratt into custody, please?

Det. Tutuola leaves his place in the gallery, pulls Pratt away from the table she's standing near, handcuffing her as he reads the woman her Miranda rights.

FIN

Edwina Pratt, you are under arrest for filing a false police report, two counts of felony identity theft, two counts of first degree murder, assaulting an officer of the law, felony stalking, conspiracy to commit a felony, perjury and –

Fin continues to read Pratt her Miranda rights as he tries to lead her out of the courtroom. Pratt struggles with him, turning to face Munch, standing her ground.

PRATT

You think you've won, don't you, Munch? That you can put it all out of your mind now. You'd better hope your cop friends will watch your back. This isn't over - this will never be over! Not until I see you in prison for hunting down and murdering my brother like some kind of animal!Who's the real predator here, Munch? Who's the real fraud? There is no statute of limitations on murder, don't you ever forget that!

Fin shoves Pratt through the courtroom doors, as her spiteful ranting echoes against Tutuola continuing to Mirandize her even after the doors have closed.

CUT TO:

INT. COURTROOM - MOMENTS LATER

We see Munch's reaction to Pratt's threatening outburst as he stands with Ellis by his side. We see the expressions of Cragen, Benson, Amaro, and Rollins, as well as Genevieve Devereaux. Genevieve rushes from the gallery and goes to John; they share a long embrace, punctuated by a meaningful kiss.

MUNCH

Thank you for never even entertaining the thought I could have been guilty.

DEVEREAUX

I know you better than you realize, John. I'm just glad this is over. We can put it all behind us now and move forward, exactly as we've planned.

John is relieved, yet obviously troubled by Pratt's vow. As he holds his gal in their embrace, her head against his chest, his expression makes it clear he will be looking over his shoulder for a very long time.

MUNCH

Yes. Yes, you're right, Gen. We have nothing more to worry about. We can concentrate on the future again. From here on out, everything is going to be all right.

FADE TO BLACK.


End file.
